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Home Daily Digest

Daily Digest – May 23. Collector Facing Class Action for Not Itemizing Debt in MVN Correctly; Judge Denies Competing MSJs in FDCPA Case

mikegibb by mikegibb
May 23, 2023
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COLLECTOR FACING CLASS ACTION FOR NOT ITEMIZING DEBT IN MVN CORRECTLY

  • We have seen plenty of lawsuits filed due to the lack of a date on the Model Validation Notice, but this might be one of the first claiming the defendant failed to document the information in the itemization table correctly. A class-action lawsuit has been filed in Washington federal court accusing a collector of violating the Fair Debt Collection Practices Act because it allegedly “lumped” the principal and interest together instead of breaking it out separately in a Model Validation Notice.
  • More details here.
  • This series is sponsored by WebRecon

JUDGE DENIES COMPETING SUMMARY JUDGMENT MOTIONS IN FDCPA CASE

  • A District Court judge in Oklahoma has denied a defendant’s motion for summary judgment and a plaintiff’s motion for partial summary judgment in a Fair Debt Collection Practices Act case, ruling that, among other reasons, the migraines suffered by the plaintiff are sufficient for her to have standing to sue, and that there is a genuine issue of material fact whether the defendant had policies and procedures in place to avoid the alleged violation thus preventing it from invoking the Bona Fide Error defense.
  • More details here.

COLLECTION AGENCY DATA BREACH EXPOSES INFO ON 345K CONSUMERS

  • A collection agency that collects healthcare debt has reported a data breach impacting the personal information of more than 345,000 consumers after uncovering that certain files were copied from its network.
  • More details here.

CHATGPT DID NOT WRITE THIS

  • In the classic scene from “The American President,” Michael Douglas notes that the way you win elections is by making you afraid of something and telling you who is to blame for it. That’s not just how you win elections; it’s how you get people to read the articles on your news site. Why else would a site say that the collection industry’s use of artificial intelligence is a “dystopian new way to make borrowers pay up, replicating the debt system’s long history of racial bias”? Does that sound like an article that is going to show you both sides of an issue?
  • More details here.

WORTH NOTHING: Why you should think twice before bringing something into your house that you found on the curb … The best new cars for teens, according to Consumer Reports … Dave Ramsey is not a fan of helicopter parents … Inflation is causing more people to struggle financially, according to a new report … Popular interview questions that recruiters are asking candidates these days about the future of work … Scientists have found a chapter of the Bible that has been hidden for thousands of years … Kraft Singles are getting a makeover … Has LeBron James played his last game?

Trailer Tuesday, part I

Trailer Tuesday, part II

The Daily Digest is sponsored by TCN. Today, contact centers need to do more with less. TCN’s cloud-based predictive dialing tools and services help clients to leverage the most sophisticated inbound, outbound, and blended calling technologies available. TCN’s award-winning platform offers multiple features to assist in compliance while improving performance with no hardware, no monthly minimums, or maintenance fees. Call 866-745-1900 or visit tcn.com today.

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